Fingers slashed, Indian Chef's Residence Pathway In Jeopardy

Chef Gagon Dhamijaa, whose middle and ring fingers were severed this week, is facing mounting financial worries after the attack that has also put his pathway to residency in jeopardy. 

“Everything feels over,” he told The Indian Weekender days after a man slashed his fingers with a knife after what seems to have been a rage attack on a busy Auckland road on August 23, 2024.
“I can not go so many months without work. It is difficult for me to sit at home.”

Given his skills as a chef, Dhamijaa cannot work with his current employer for at least 18 months till his fingers regain mobility.

Dhamijaa moved to Auckland April last year on an Accredited Employer Work Visa (AEWV) to work at Delhi Tadka restaurant in the southern Auckland suburb of Papatoetoe.

He is now anxious about providing for his  four-year-old son and his wife, who joined him from India only last month and earns only “a modest income”.

Adding to his woes, Dhamijaa’s AEWV expires in 20 months, but his recovery is expected to take 18 months. This leaves him in a dire situation to manage his current household expenses and with limited time to work before his visa expires.

Dhamijaa was attacked while driving to Otahuhu to buy a second-hand car. As he drove along Great South Road, a car honked “aggressively” behind him.

“I thought the car was in a hurry, so I let it pass,” he recalled. But the car swerved abruptly in front of him, forcing him to stop.

“A well- built man stormed out, with a large knife-like object. He said, ‘You just wait. I’ll tell you,’ and attacked me,” Dhamijaa shared. 

His fingers were slashed in the assault. He was rushed to Middlemore Hospital, where surgeons managed to reattach his fingers. 

Dhamijaa says when he first arrived on an AEWV, the company that hired him turned out to be a fraud, and the employer fled the country. He was then hired as an asbestos removal worker but was not able to work a single day under the said company.

“I managed to secure a new visa and job, but then my mother passed away, and I had to return to India for four months while she was still sick.”

Dhamijaa was expected to resume work next month but as a result of this injury he will be unable to work for a prolonged period of time.

Now, with his savings depleted, Dhamijaa is considering a career shift, but he worries about changing employers again.

Vandana Rai of Auckland-based Immigration Advisers New Zealand Ltd says New Zealand has a strong history of protecting and promoting human rights at home and internationally.

“Publicly available information indicates that the International Convention on the Protection of the Rights of all migrant workers and members of their families, of which New Zealand is not yet a signatory, mandates countries to safeguard the right to life for migrant workers and their families.”

Rai points out Article 16 of the convention guarantees that migrant workers and their families have the right to effective protection by the state against violence, physical harm, threats, and intimidation, whether these come from public officials, private individuals, groups, or institutions. 

“Considering the unfortunate circumstances, and human cost involved, Immigration New Zealand must treat the case as an exception rather than routine,” she adds.

As for Dhamijaa’s current situation, a claim with the Accident Compensation Corporation (ACC) is still in process.

“I didn’t know about the ACC scheme at the time of my accident, and I’m unsure if the necessary forms were completed during my hospital visit,” Dhamijaa says. 

The ACC provides financial compensation to those who suffer personal injuries, but Dhamijaa’s unfamiliarity with the process has left him uncertain about his options.

Ethnic liaison officers from the New Zealand Police reached out to him this week to provide guidance and support. 

“Two Kiwi-Indian officers came to my home and reassured me they would help me through every step of my recovery,” Dhamijaa said. 

Dhamijaa’s work visa expires in 20 months, which leaves him with limited time to work before his visa expires.“I will also hire a lawyer to help me out with the intricacies of the next step of my employment,” he says.